Patna High Court
CHETAN KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail should be granted to the petitioner, subject to a bond and conditions, as the prosecution had not produced cogent material and charges were already framed.
Summary
The petitioner, Chetan Kumar, a student with no criminal record, was arrested in connection with a robbery alleged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The FIR initially named unknown miscreants, but the petitioner’s name surfaced later through a co‑accused’s statement. He contended that he had no role in the crime, no loot was recovered from him, and he had been in custody since 7 June 2025. The State opposed bail, relying on the FIR allegations, while the petitioner’s counsel highlighted the lack of substantive evidence, the framing of charges, and his personal circumstances. The High Court, noting the absence of cogent material and the fact that charges were already framed, ordered that bail be granted on a Rs.10,000 bond with two sureties and specific conditions regarding court attendance and verification of charge framing. The order directed the lower court to verify the framing of charges before accepting the bail bonds.
Issues considered
- Whether bail should be granted to the accused under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given the facts of the case.
- Whether the lack of substantive evidence and the framing of charges justify the grant of bail.
- Whether the petitioner poses a risk of absconding or tampering with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- robbery
- Section 309(4) B.N.S.
- criminal procedure
- student accused
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73661 of 2025
Arising Out of PS. Case No.-283 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
CHETAN KUMAR S/o GANESH PRASAD R/O Village - AMAWA TOLA
AJAGRI, POLICE STATION - BANJARIYA, DISTRICT - EAST
CHAMPARAN
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 309(4) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, three unknown
miscreants are said to have snatched mobile phone, bag and
cash on the gun point from the informant.
4. It is submitted by learned counsel for the
petitioner that the F.I.R. has been lodged against unknown and
the name of the petitioner transpired, subsequently, during the
course of investigation in the statement of the co-accused,
Santosh Kumar, indicating his conspiracy with one Jeet Kumar
Patna High Court CR. MISC. No.73661 of 2025(4) dt.11-02-2026
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to commit robbery. It is further submitted that the petitioner has
nothing to do with the other co-accused persons and no looted
money was recovered from his possession neither the
motorcycle belonged to him. It is further submitted that the
charges have already been framed on 12.12.2025 and the next
date has been fixed for evidence on 23.02.2026. Further, the
petitioner is a student, has no criminal antecedent and has been
languishing in custody since 07.06.2025.
5. Learned APP for the State opposed the bail
petition on the ground of allegations made in the F.I.R.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that there
is no cogent material seems to have been gathered during the
course of investigation and the charges have already been
framed, the above named petitioner is directed to be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Motihari Muffasil
P.S. Case No.283 of 2025, subject to the conditions that :
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister and/or his wife.
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(ii) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
7. The learned Court below is directed to verify the
fact that the charges have already been framed against the
petitioner, as submitted by learned counsel for the petitioner,
before accepting the bail bonds.
(Soni Shrivastava, J)
Trivedi/-
U T
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